Direct Payments & Personal Budgets

Direct payments and personal budgets allow individuals some flexibility in deciding how their assessed social care needs should be met.

If you are eligible for care and support, a plan will be prepared which will focus on the outcomes you wish to achieve and the help you need to do so.

The care and support plan will then be used to form the basis of your personal budget. This will set out the estimated cost of providing the care you need. If you believe the estimated budget is inadequate then this decision can be challenged.

Currently Local Authority personal budgets are not available to those in residential care, unless you are in receipt of NHS Continuing Healthcare funding (where applicable).

Once you have a personal budget, the Local Authority will conduct a financial assessment as the final stage of the assessment process. If you have sufficient funds available you may not be eligible for any further financial assistance, although you should remember that adaptations can still be provided free of charge.

How is funding provided?

If you are to receive Local Authority funding then you can ask to receive some or all of your personal budget as a direct payment. This allows you to purchase your own choice of care from independent, non-Local Authority providers.

Direct payments can be paid directly to you, a suitable trusted person or an authorised third party provider if you do not want the administrative burden of managing a direct payment yourself.

How can SAS Daniels help with direct payments and personal budgets?

The process of assessing your needs and formulating a personal budget can be complex and disputes between individuals and Local Authorities or the NHS can arise.

Our experts can provide advice and advocacy to help you explain your needs to the Local Authority and can also help you if you are not happy with the personal budget or direct payment which you are receiving.

If you are unsure about using a direct payment to employ your own carers, we can help you to fully understand this option and make sure you receive the care that is right for your individual circumstances.

If you have a query relating to your personal budget or a direct payment, please contact our team.

Key Contact

Justine Clowes

Job Title: Business Owner, Joint Head of Macclesfield Office, Head of Private Client and PartnerLocation: MacclesfieldPhone: 01625 442148

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FAQs

I have an Enduring Power of Attorney (EPA), is it still valid or do I need to make a Lasting Power of Attorney (LPA)?

Existing EPAs are still valid, although no new ones can now be made. An EPA will only give your attorneys authority to make decisions about your property and financial affairs. If you want them to be able to make decisions...

How much does the Office of the Public Guardian (OPG) charge to register an LPA or EPA?

Currently £82 per document.

How much does is the court fee to make an application to have a deputy appointed?

The court charges a fee of £400 per application. Once the deputy is appointed there are then further charges made by the Office of the Public Guardian (OPG) in respect of an appointment fee (currently £100) and a supervision fee,...

I don’t have any family members or friends that I want to ask to be my attorney. What can I do?

We would be happy to act on your behalf as a professional attorney, but only in relation to property and financial affairs. We have many years experience of doing this for our clients.